Alcoholic beverages: licensees.

(1) The Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law authorizes the department to issue a special on-sale general license to any nonprofit theater company that is exempt from the payment of income taxes, as specified. Existing law specifies that the license shall be for a single specified premises only, and authorizes a theater company that holds the license to sell and serve alcoholic beverages to ticketholders only during, and two hours before and one hour after, a bona fide theater performance of the company. Existing law makes it a misdemeanor for any on- or off-sale licensee, or agent of that licensee, to sell, give, or deliver to any persons any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day. The Alcoholic Beverage Control Act also provides for application fees for a new license and for various annual renewal fees, depending on the type of license. This bill would additionally authorize the department to issue a special on-sale general license to a nonprofit radio broadcasting company. The bill would authorize those nonprofit radio broadcasting companies, subject to the misdemeanor provision described above, to sell and serve alcoholic beverages, as specified, to ticketholders only during, and 2 hours before and one hour after, a bona fide performance. The bill would provide the application fee for a new license and for annual renewal fees for that license type, as specified. By expanding the application of an existing crime, the bill would impose a state-mandated local program. (2) Existing law, known as tied-house restrictions, generally prohibits certain alcoholic beverage licensees, including manufacturers, from holding any ownership interest in an on-sale license, subject to a variety of exceptions. In connection with special on-sale general licenses issued to nonprofit theater companies, existing law creates an exception to tied-house restrictions, by permitting specified licensees, including a licensed manufacturer, to serve on the board of trustees or as an officer, director, or employee of a nonprofit theater company operating in the County of Napa, the City of Livermore, or the City of Modesto. This bill would expand the list of cities to include the City of Sacramento. The bill would extend the exception to tied-house restrictions provided to special on-sale general licenses for the trustees, officers, directors, and employees of nonprofit theater companies, described above, to a nonprofit radio broadcasting company operating a venue in the specified cities and county. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento. (4) This bill would incorporate additional changes to Sections 23039 and 24045.7 of the Business and Professions Code proposed by AB 631 to be operative only if this bill and AB 631 are enacted and this bill is enacted last. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.